Davidson v. State

HARPER, Judge.

Appellant was prosecuted under that portion of article 500 of the Penal Code, which provides any “person who shall knowingly permit the keeping of a disorderly house in a building owned by him shall he deemed guilty of a misdemeanor.”

Appellant moved to quash the information because it did not allege that he “had not immediately proceeded to prevent the keeping of same, and did not allege that he had not given the county attorney notice that such house was being kept on his premises.” These matters are matters of defense, and are no part of the definition of the offense in…